Questions & Answers - Legal Advice Middle East

Breaching the EOSB payments agreement after termination

Q: Dear Sirs, I am 61 years old Electrical Engineer, have worked for a company in the UAE for 10 years and I was terminated in November 2018 for force reduction due to lack of projects. As the company was experiencing problems in their cash flow, I was made to sign a letter agreement to cover my EOSB, which should be paid on monthly instalments starting December 2018 until July 2019. Unfortunately, out of the 8 instalments only one was received on May 2019, and all are empty promises; the reason is the company`s lack of funds. I am staying out of the country but has still a Dubai valid visa. Could you please advise how could I recover the remaining EOSB from the company while remaining out of the country as it is very expensive to stay in Dubai without work. I look forward to your advice with gratitude. Thank you very much.

Removing a ban by the Ministry of Interior for an absconding case

Q: The Interior Ministry put a ban against me to enter the UAE after an absconding case. Can I clear the ban?

Limitation period for raising a credit card case by the bank

Q: Dear Madam I missed my bank credit card payment for the last two months. How long will the bank wait before taking any legal action? Also, they do not have a security cheque from me. So what can they do exactly in this situation?

The procedure of clearing criminal and civil cases of a debtor

Q: My father left the UAE in 2009 with 1.1 million credit card and loan debt from multiple banks in the UAE. There are police cases filed against him as well in different police stations. How can I start and what can I do to clear all his charges and his police records so that he can come back to the UAE as lawyers are asking for huge fees.

Labour case judgement and staying in the UAE after visa expiry

Q: Good evening Ma`am Greetings. 1) I got a judgment date on 16th September-19 after an appeal. Is there another chance to get more hearing date because in status it`s showing Set for Judgement? 2) My visa is getting expired on 17th August-19, what do I have to do about this? Please suggest on the above queries. Thanks, Sir.

Claiming rights upon termination without any reason

Q: Is it okay not to sign the termination letter given by the employer as a part of redundancy without any specific reason or prior notification? Also, can I demand 3 months salary as compensation?

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Tenant's right to deduct property maintenance from the rent

Q: I have a tenant with an expired contract. I agreed to have a new contract for this year but I did not sign with him yet. He was 35 days late to pay the first 50% of the rent. Our agreement with him that he pays maintenance, but he deducted AED 40,000 from the rent because he said he changed the door latch and main circuit barker. I objected and demanded my money for the full rent (he paid 8,000 and he deducted 40,000). I want my full payment.

Right of the tenant to reduce the rent without approval

Q: Can the tenant get away with reducing the rent without the official consent of the landlord? We have not signed any original contracts, so the previous years` rental value is still valid, correct?

Signing the visa cancellation papers without getting labour dues

Q: Does an employee have to sign any paper with the employer to initiate his visa cancellation after the resignation and before last working day? My employer is asking me to sign a form named "United Arab Emirates Ministry of Human Resources and Emiratisation Electronic Work Permit Cancellation", where all my details are printed and written, "I certify that I have received all my dues up to date... Employee Signature". My notice ends on Aug 29th and they are yet to pay end of service...etc., and this is an unlimited contract and my employer is asking me to sign this paper saying this should be signed to initiate visa cancellation. But I am uncertain to sign as I haven`t received my pay yet but the paper says so. Please suggest

Tenant's right to receive rent cheques in a legal exit from tenancy

Q: Good afternoon, I am a resident of Dubai and have rented an apartment in Dubai Silicon Oasis. Below is the clause in my contract: "The tenant should give 2 months notice in writing to the landlord for vacating/terminating the contract." Apart from this, there is nothing mentioned regarding penalties. Can I terminate the contract without any penalties, by giving 2 months notice? What if the landlord does not return the remaining cheques to me? Thanks, A.

Exiting the UAE for changing job in case of an outstanding loan

Q: Hi, I`m currently employed in Dubai and have a personal loan and credit card outstanding balance with a private bank in the UAE. I used to pay my EMIs on time and it is in order. Now, I got a new job offer and wanted to move. My current company will cancel my visa and I need to exit the country then come to Dubai with the new company`s visa. My doubt is since I have a personal loan, will it be a problem in immigration at the airport while I exit the country? I need your advice. Thanks in advance.

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Enforcement of a lending agreement in the UAE and other countries

Q: I`m going to lend money to someone but I`m afraid they might travel. If we write a contract where he agrees to pay me back, how do I make this contract enforceable in any country the other party might be residing in? Can we write a clause that allows me to decide on the arbitrator? Thanks a lot for the help.

Debt recovery from client without a written agreement

Q: Hello, Two of my legal entities have provided services to a Dubai-based company [-----]. For over a year now, I`ve been trying to get this company to pay my invoices. The company does not dispute the invoices but always pretends that the invoices have been paid and produces meaningless proof that payments were made (whereas no payments have been made). Our agreement for the services was oral but has said the company does not dispute the need to pay but just does not. What legal options do I have? I am based in the Netherlands. Kind regards, D.

Claiming the security deposit from the landlord held illegally

Q: My landlord is stating he will hold AED 1700 from my deposit for maintenance: AED 1500 for a new bathtub and AED 200 for cleaning the bathroom after repairs. I handed over the apartment (repainted and cleaned) to the agent that I rented it from, and when I asked him for my deposit during the handover, he said I have to deal directly with the owner and gave me his number. On 4th July I sent a message to the owner asking for my money and he replied he is out of the country and when he comes back he has to go and check the apartment first. On July 18th he sent me a message informing me of the charges. When I asked for receipts (I was sure there are none as the apartment was in perfect condition), 4 days later he sent me a screenshot of "quotation", dated 20 June. When I asked for the actual payment receipts he sent me exactly same screenshot (a day later) with "receipt" instead of quotation (no payment method mentioned, or VAT, or any other mark how was the payment done). What can I do in this case?

Termination of an employee during probation without reason

Q: I started a new job on 22 May. I was asked to have my degree attested which I did by sending it back to the UK and then returned to Dubai and attested here. On 14 June I signed my employment contract and was led to believe that they were processing my visa. On 30th June I was fired with no proper reason and another person was hired who replaced me the following day. My question is; is this legal?

Can the tenant terminate the lease for discovering mould?

Q: Can a tenant break the lease early and be refunded by the landlord if the rental property has been found to have mould in several places? And it is no longer just a maintenance issue but a health hazard. The property also houses a child below the age of one.